The High Court struck out Gerardine Scanlan’s claims against Danske Bank and receiver Stephen Tennant, finding they disclosed no reasonable cause of action and were bound to fail. It also directed that final judgment be entered against Ms Scanlan on the bank’s loan claim. The court was told that the sale proceeds had been applied to her debt, leaving €47,704.46 due.
The judgment, delivered by Mr Justice Fullam on 25 February 2016, dealt with two sets of proceedings together. Danske Bank sought summary judgment for €84,439.80 under a housing loan made to Ms Scanlan in 2008. Separately, Ms Scanlan had brought plenary proceedings against the bank and Mr Tennant, claiming damages. Her statement of claim sought €100,000, while her original proceedings had claimed €600,000.
The loan was secured by a mortgage over Ms Scanlan’s former residence in Churchtown, Mallow, County Cork. After she did not comply with an arrears notice, the bank demanded repayment of an outstanding balance stated at the time as €84,599.44. It appointed Mr Tennant receiver over the property in August 2013.
Ms Scanlan alleged, among other things, reckless lending, misleading conduct, excessive securitisation and breaches of regulatory and licensing requirements. She also alleged that the receiver’s actions, including removing rental income and leaving the house damaged, caused her loss. These were her claims; the court said the allegations about the receiver’s conduct were unsupported by evidence and amounted to assertions.
The judge said the court must use its power to dismiss a claim at an early stage sparingly, and should be particularly cautious where a litigant is representing herself. But he concluded that Ms Scanlan’s broad claims were not backed by evidence and that the proceedings should not go to a full plenary hearing. He struck out her claim against the bank and receiver under the court’s inherent jurisdiction and Order 19, Rule 28 of the Rules of the Superior Courts.
The judgment records that the property sale proceeds had been applied to the indebtedness, leaving €47,704.46 due, and states that final judgment should be entered against Ms Scanlan. It gives liberty to apply. The ruling did not determine the allegations through a full trial.